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Another Class-Action Lawsuit Filed Over Fernley Flood
Class Action News | 2008/01/15 09:08

Three law firms have filed a class-action lawsuit on behalf of victims of last weekend's Fernley flood - the second such complaint in two days.

In their suit filed Friday in Lyon County District Court in Yerington, the Reno firms of Maddox & Associates, Leverty & Associates and Dunlap & Laxalt are seeking unspecified damages from the Truckee-Carson Irrigation District.

The complaint came a day after Reno lawyer Robert Hagar filed a
suit in Washoe County District Court on behalf of Judy Kroshus, whose home was among hundreds flooded after a storm-swollen irrigation canal ruptured Jan. 5. That suit, which also seeks class-action status, names the irrigation district, local governments and homebuilders as defendants.

Both lawsuits allege that the irrigation district did not properly maintain the canal and failed to minimize damage once the breach occurred in the fast-growing town 30 miles east of Reno.

Ernie Schank, TCID president, said the district reacted as quickly as possible after learning about the rupture, which was reported at about 4:20 a.m.

"This will be a complex case," lawyer Cal Dunlap told the Reno Gazette-Journal. "A lot of this is unknown territory. It's not immediately clear which laws apply."

Judges will have to certify the lawsuits as class actions, meaning that the suits represent all plaintiffs affected by the flood.

"It's unusual for two class actions to be certified," said Jeffrey Stempel, a law professor at the William S. Boyd School of Law at the University of Nevada, Las Vegas. "Filing first is always an advantage."

Stempel maintained the irrigation district generally would be liable for flood damage.

"If you've penned up an animal and the animal escaped and hurt
someone, it's usually your responsibility," he said. "In this case, the district penned up water and it got away from them."

The irrigation district operates the canal under a contract with the U.S. Bureau of Reclamation, which owns it.

Schank has said he realizes the district will be targeted by lawsuits, but was unsure whether it's liable for flood damage.

Betsy Rieke, area manager for the reclamation bureau, has said her agency thinks the district would be liable.

Rieke's agency continues to investigate the cause of the breach, which occurred after unusually heavy rain.



Banks Targeted by Italy's First Class-Action Suit
Class Action News | 2008/01/10 11:56
Consumer group Adusbef plans to fight Italian banks' use of a certain type of compound interest on loans, in what could lead to Italy's first class-action lawsuit, a statement from the group said.

A recently enacted law will allow class-action lawsuits -- commonplace in the countries such as the United States -- to be filed in Italy starting July 2008.

Adusbef, which focuses on financial services matters, wants to take aim at the so-called practice of anatocism, where compound interest is calculated on the initial loan plus interest that is accumulated each time the money comes due.

"We want to start from the most hated banking practice, this form of usury that is known as anatocism," Adusbef said.

That is opposed to using simple interest, in which only the interest on the original money borrowed is added.

Although banned by the Italian civil law code, Italian banks have been using compound interest for over 50 years, Adusbef said. No-one at Italian banking association ABI was immediately available for comment.



De Beers Diamonds Settles Class Action Lawsuit
Class Action News | 2008/01/10 09:57

If you bought diamonds over the last decade, you might be entitled to some money back.

The mining company De Beers is settling a $295 million class action lawsuit.

De Beers was accused of fixing diamond prices and monopolizing the market. The case involves diamonds bought from 1994 through March of 2006.

The amount of money you can get depends on how much you paid an the quality of the diamonds.

https://www.diamondsclassaction.com



Drug-maker Faces Class Action Over Zimulti
Class Action News | 2008/01/09 11:49

A class action lawsuit has been filed against pharmaceutical powerhouse Sanofi-Aventis alleging that the company hid data concerning adverse events associated with their obesity medication Zimulti. The French company allegedly concealed data showing Zimulti's propensity to cause depression. Zimulti has also been shown to increase suicidal ideation and action in some cases.

In June the FDA unanimously decided that Zimulti could not be recommended for approval in the U.S.; however, the drug can be purchased through online pharmacies based in other countries.



Darden settles 2 class-action lawsuits for $4 million
Class Action News | 2008/01/08 17:56
Darden Restaurants paid $4 million to settle two class-action lawsuits that had been brought by California employees of Red Lobster and Olive Garden, the Orlando-based company reported in a government regulatory filing late last week.

Settlement of the wage dispute, which was paid out during the company's fiscal second quarter that ended in November, trimmed earnings for the quarter by 2 cents a share, the company reported.

In its quarterly earnings report filed with the U.S. Securities and Exchange Commission, Darden said the class-action suits, alleging wage-and-hour violations, were filed in 2004 involving the Red Lobster restaurants and in January 2007 involving the Olive Garden outlets.

In each case, several restaurants were accused of violating a California law that prohibits restaurant managers from requiring servers and bartenders to make up for cash shortages at the end of their shifts.

Darden has a nationwide policy that prohibits the practice, company spokesman Bob McAdam said. The company admitted no wrongdoing in settling the lawsuits, McAdam said, but decided they were too costly to pursue further in court. The allegations, he added, "are almost impossible to prove one way or the other."

Darden has "redoubled" its management training to ensure compliance with the company's policy, he said.


Sanofi says to fight class action bid
Class Action News | 2008/01/04 13:34
Drugmaker Sanofi-Aventis, the target of a lawsuit seeking class-action status filed on behalf of shareholders, on Friday vowed to fight allegations it hid the side-effects of its anti-obesity drug Acomplia.

A Sanofi-Aventis spokesman told Reuters that the company had seen the statement issued by the U.S. law firm that filed the lawsuit, Schiffrin, Barroway, Topaz & Kessler, and that it was "disputing the allegations contained in the statement and plans to vigorously defend itself". Sanofi-Aventis had no further comment.

In a statement available on its website, the law firm said the suit was filed in the U.S. district court for the Southern District of New York "on behalf of all purchasers" of Sanofi-Aventis securities from Feb 17, 2006 through June 13, 2007.

"...the complaint alleges that the company failed to disclose material adverse data concerning Zimulti's tendency to cause a statistically significant increase in psychiatric problems, including suicidal thoughts and actions," the statement said.

On June 13 an advisory committee said the U.S. Food and Drug Administration (FDA) should reject the proposed pill, called Zimulti in the United States, because of concerns it could increase suicidal thinking and depression.

The recommendation triggered a sharp fall in Sanofi's share price in the following days.

This is not the first time Sanofi has faced possible Acomplia-related lawsuits seeking class-action status. In November 2007, U.S. law firm Coughlin Stoia Geller Rudman & Tobbins LLP filed a lawsuit in the U.S. District Court for the Southern District of New York, alleging Sanofi-Aventis misled investors about prospects for Acomplia.



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